DAVIS
v.
FLORIDA CANCER SPECIALISTS & RESEARCH INSTITUTE, LLC
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Judge Sheri Polster Chappell issued an order recusing herself from a case against Florida Cancer Specialists & Research Institute, LLC due to a potential conflict of interest arising from her immediate family member's use of a doctor associated with the defendant.
The judge must recuse herself from the case. Because an immediate family member actively uses a doctor associated with the defendant, disqualification is required under 28 U.S.C. § 455(b) to avoid the appearance of partiality or impropriety.
“A judge must disqualify if her "impartiality might reasonably be questioned." 28 U.S.C. § 455(a).”
Establishes the statutory standard for judicial recusal based on potential bias or appearance of bias.
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Join FLexlaw to unlock all legal intelligenceThe case involves a lawsuit against Florida Cancer Specialists & Research Institute, LLC. The presiding judge discovered that her immediate family mem…
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Before the Court is a review of the docket. A judge must disqualify if her “impartiality might reasonably be questioned.” 28 U.S.C. § 455(a). She must also disqualify in certain situations listed in § 455(b). And all doubts are “resolved in favor of recusal.” Murray v. Scott, 253 F. 3d 1308, 1310 (11th Cir. 2001). Because the Court’s immediate family member actively uses a doctor associated with Florida Cancer Specialists & Research Institute, LLC, a named Defendant, disqualification may be required. See 28 U.S.C. § 455(b). To avoid even the appearance of partiality or impropriety, the Court finds she must recuse herself. See Liljeberg v. Health Servs. Acquisition Corp., 486 U.S. 847, 865 (1988). Accordingly, it is now ORDERED: 1. The Honorable Sheri Polster Chappell is RECUSED from this action. 2. The Clerk is DIRECTED to reassign this case to another United States District Judge in the Fort Myers Division. DONE and ORDERED in Fort Myers, Florida on September 38, 2024.
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UNITED STATES DISTRICTJUDGE
Copies: All Parties of Record
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Citator
Authorities Cited
- Liljeberg v. Health Servs. Acquisition Corp., 486 U.S. 847 (U.S. 1988)
- Murray v. Scott, 253 F.3d 1308 (11th Cir. 2001)